Treat Orchard Co. v. General Chemical Co.

Suit was brought on a number of promissory-notes, and the makers sought to set off against the liability on the notes damages alleged to have resulted from the plaintiff’s breach of a contract in which it is contended plaintiff promised to furnish defendants with certain insecticides for peach and apple orchards in 1937. The answer alleged that the plaintiff breached its contract in July, 1937. The notes sued on were dated September 1, 1937, and were given for insecticides furnished to the defendants under the contract. While the answer, alleged that the defendants did not know what damages…